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HomeMy WebLinkAbout06 193 Zon Enb pt lt 12 con 9 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . BY-LAW No. 2006 -193 BEING A BY.LAW TO AMEND ZONING BY-LAW NO_ 2003-25. BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPAUTY OF KINCARDINE ANO ZONING BY-lAW NO. 76.13. BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE TOWNSHIP OF BRUCE Mamlca Farms Lhl (Tilman Behrens) c/o Enbridge Ontario Wind Power LP. Part Lot 12, Concession 9, Municipality of Kincardine (geographic Township 01 Bru<o) . . WHEREAS Section 34 of the Planning Act, RS_O 1990, Chapler 13 aulholize5 the Councils of Municipalities to enact and amend zoning by.laws which comply with an approved official plan; AND WHEREAS the Council of the Corporalion of the Municipality of Kincardine has enacted Comprehensive Zoning By-law 2003.25, a ZOnirl9 by-law enacted under Section 34 of the said Planning Act; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires to amend By-law 2003-25; AND WHEREAS the Coum;;il of the Corporation of the Township of Bruce has enacted Comprehensive Zoning By-law 76-13, a zoning by~law enacted under Section 34 of the said Planning Act; AND WHEREAS the Corporation of the Township of Bruce has restr~l,Ired to now be a part of the Corporation of the Municipality of Kincardine; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires to amend By-law 16--13; NOW THEREFORE the Council of the Corporation of the Municipalily of Kincardine ENACTS as follows: 1. Schedule 'A' to By-law No. 2003-25 as amended. is hereby further amended by changing thereon from 'A1 - General Agriculture' to 'A1-bo-H _ General Agriculture Special Holding' the zoning designation of those lands descfibed as Part Lot 12, Concession 9, Municipality of Kincardine (geographiC Township of Bruce) which are outlined on the attached Schedule 'A-62'_ 2. By-law No. 2003-25. as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is hereby further lIIllended by aelding the following paragraph to subsection 9.3 thereof: 9.3.60 Notwithstanding their 'A1' zoning designation, those lands delineated as 'A 1-bo-H' on SChedule 'A' to this By-law may be used for 'Farm Lot' purposes in compliance with the 'A1' zone provisions contained in this By-law, excepting howewr, that i. A 'Commercial Wind Generation System (CWGSr consisting of no more than one (1) Wind Generating System (WGS)' shall also be permitted; the WGS #72 shall be located within +1- 5 metres of UTM Datllm Zone t7 464838 E and 4906860 N. . ii. For the purposes of this By-law the following Definitions shall apply: COMMERCIAL WIND GENERATION SYSTEM ICWG'iiJ: means one or more Wind Generating Systems (WGS). that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity" and are connecled to the provincial transmission grid. WIND GENERATION SYSTEM IWGS1: means any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. iii. For the purposes of this By-law the following Provisions and Notes 1, 2 and 3 shall apply: Feature ProvlslonfReOUlatlon 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' 1%1& 1 'CWGS' Minimum Setback to lands 700 metres (2296.6 feel) within a 'Seutement Area' NON 2 'WGS' Minimum Setback to: Residential ,1.10 times the 'Total WGS Height' " uses or structures designed for human habitation on the same lot as a 'WGS' 'WGS' Minimum Setback to: County or 1.25 times the 'Total WGS Height' from Provincial road or Hiahwav the rtaht-ofMw3V line 'WGS' Minimum Setback to.. Fnmt Yard 'T~~' WGS Height' minus 10 metres (33 or Exterior Side Yard feel Maximum 'Total WGS Heiahf 121.0metres 397feet) Signs/Advertising/Logos. Advertising signs or logos on any 'WGS' shall be prohibited; a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (8 feet) in height shall be nermi"ed. Note 1. A 'Rural Residential Cluster' means four (4) or more residential lots, each lot being less than 0.8 hectares (2 acres) in area, that share a common boundary including lots located across a roadway. Note 2. A 'Settlement Area' means any urban area or rural settlement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to, Underwood, Inverhuron, North Bruce. Shoreline Development Area. etc. Note 3. 'Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum height reached by any part of the turbine whichever is greater. iv. The 'WGS' Minimum Setback to an 'Interior Side Yard' or 'Rear Yard' shall be no less than '1.0 times the Total WGS Height (1_0 x Total WGS Height)' excepting however the setback may be reduced to 0 metres (0 feet) provided that: a. the abutting landowner is the same registered owner as that of the laods to which approval for a 'WGS' applies; or b. the abutting landowner has also signed both an option agreement and has a leaseleasement agreement permitting the erection of a 'WGS'; or c. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the construction of project infrastructure i.e., access roads and/or electricity transmission line on the abutting lands; or d. the 'Interior Side Yard' or 'Rear Yard' abuts the Hydro One right-ofMway 230 kV transmission corridor. v. The 'H - Holding' provision may be removed once the following conditions have been met a. An 'Operational Protocol and Emergency Services Plan' for dealing with Extreme Weather Conditions to include potential Icing and High Wind situations has been filed with the Municipality of Kincardine by Enbridge. b. A 'Site Plan Agreement' as per Section 41(7)(c) has been registered as per Section 41(10) of the Planning Act. RS.O. 1990 as amended. c. A 'Stage 2 Archaeological Study' has been prepared, submitted, reviewed and approved by the Ministry of CKizenship and Culture. and any recommendillions of the Report and/or Ministry have been implemented. d. A 'Decommissioning Plan' outlining the anticipated costs of turbine removal and site remediation and to include the anticipated obligations of the landowner and/or Project operator has been submitted and approved by the Municipality of Kincardine. e. A letter certifying that the condKions as per clause iv) above have been met has been filed with the Municipality of Kincardine by Enbridge. 1. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipality of Kincardine. g. A 'Dispute Resolution Protocol' for dealing with turbine noise complaints within the project area has been filed with the Municipality of Kincardine by Enbridge. vi. Where one or more zoning regulations applicable to a 'WGS' results in a conflict, the most restrictive or higher regulation shall apply. The area shown as 'Lands to be Zoned' on Schedule 'A' to this By-law, shall meet the minimum setbaCk. regulations for a 'WGS' prescribed herein. 3. Schedule 'A' to By-law No. 76-13 as amended, is hereby further amended by changing thereon from 'A - Rural' to 'A.108-H - Rural Special Holding' the zoning designation of those lands described as Part Lot 12, Concession 9, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-83'. 4. By-law No. 76-13, as amended, being the Comprehensive Zoning By-law for the geographic Township of Bruce, is hereby further amended by adding the following paragraph to Section 5.0 thereof: 5.62 Notwithstanding their 'A' zoning designation, those lands delineated as 'A-108-H' on Schedule 'A' to this By-law may be used for 'Rural' purposes in compliance with the 'A' zone provisions contained in this By-law, excepting however, that: i. A 'Commercial Wind Generation System (eSGs)' consisting of no more than one (1) 'Wind Generating System (WGS)' shall also be permitted; the WGS #72 shall be located within +!- 5 metres of UTM Datum Zone 17 464836 E and 4906860 N. it For the purposes of this By-law the following Definitions shall apply: COMMERCIAL WINO GENERATION SYSTEM (CWGS): means one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. WIND GENERATION SYSTEM IWGS): means any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. iii. F or the purposes of this By-~aw the following Provisions and Notes 1,2 and 3 shall apply: Feature Provlslon/Reaulatlon 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' N"'" 1 'CWGS' Minimum Setback to lands 700 metres (2296.6 feet) within a 'Settlement Area' Nolo2 'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS HeighI' 0", uses or structures designed for human habitation on the same 101 as a WGS' 'WGS' Minimum Setback to: Counly or 1.25 times the 'Total WGS Height' from Provincial road or Hjahwav the rioht-of-wav line 'WGS' Minimum Setback to: Front Yard 'T~:~t WGS Height' minus 10 metres (33 or Exterior Side Yard feet Maximum 'Total WGS Heinht' 121.0 melres/397 feet) SignsJAdvertisingllogos Advertising signs or logos on any 'WGS' shall be prohibited; a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (8 feet) in height shall be nermitted. Note 1. A 'Rural Residential Cluster' means four (4) or more residential lots., each lot being less. than 0.6 hectares {2 acres) in area, that share a common boundary including lots located across a roadway. Note 2. A 'Settlement Area' means any urban area or rural semement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to. Underwood. Inverhuron, North Bruce, Shoreline Development Area, etc. Note 3. 'Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum height reached by any part of the turbine whichever is greater. iv, The 'WGS' Minimum Setback to an 'Intenor Side Yard' or 'Rear Yard' shall be no less than '1.0 times the Total WGS He;ght (1,0 x Total WGS Heightf excepting however the setback may be reduced to 0 metres (0 feet) provided that a. the abtltliog landowner is the same registered owner as that of the lands to which approval for a 'WGS' applies; or b. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the erection of a 'WGS'; or c. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting 1he construction of project infrastructure i.e., accesS roads and/or electricity transmission line on the abutting lands; or d. the 'Interior Side Yard' or 'Rear Yard' abuts the Hydro One right-of-way 230 kV transmission corridor. v. The 'H - Holding' provision may be removed once the following conditions have been met: a. An 'Operational Protocol and Emergency Services Plan' for dealing with Extreme Weather Conditions to include potential Icing and High Wind situations has been filed with the MunicipaUty of Kincardine by Enbridge. b. A 'Site Plan Agreement' as per Section 41(7)(c) has been registered as per Section 41(10) of the Planning Act, R.S.O. 1990 as amended. c, A "Stage 2 Archaeological Study' has been prepared, submitted, reviewed and approved by the Ministry of Citizenship and Culture, and any recommendations of the Report and/or Ministry have been implemented. d. A 'Decommissioning Plan' outtirnng the anticipated costs of turbine removal and site remediation and to include the anticipated obligations of the landowner and/or Project operator has been submitted and approved by the Municipality of Kincardine. e. A letter certifying that the conditions as per clause iv) above have been met has been filed with the Municipality of Kincardine by Enbridge. f. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipality of Kincardine. g. A 'Dispute Resolution Protocol' for dealing with turbine noise complaints within the project area has been filed with the Municipality of Kincardine by Enbridge. vi. Where one or more zoning regulations applicable to a 'WGS' results in a conflict, the most restrictive or higher regulation shall apply. The area shown as 'lands to be Zoned' on Schedule 'A' to this By-law, shall meet the minimum setback regulations for a 'WGS' prescribed herein. 5. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act. RS.O. 1990. 6. This By-law may be cited as the MAmendment to Comprehensive Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13 (former Bruce) (Part lot 12, Con 9, Municipality of Kincardine (geographic township of BruceD By-law.6 APPROVED BY Ontario Municipal Board Decision/Order No. 1989, dated July 16,2007, READ a FIRST,SECOIIO and THIRO time and FINALLY PASSED this day 01 2007. Clerk Mayor ( / / / / / / / / / / / / ( .... -, / "'::::~ / t "-" , , , , ',,- "---J , ""- .: ,._,,~ ""~~ ,: (j "---. " ... j , ! / .' ". ./ ! ,: j .6,/ ......; /1/ ,f/ ~/ (;f/ , , , -'I c " 01\1 9 '"...... .....", ......, " " '- / / ---- / '('- , , . /"',j " / / / / I ,< ~// / Turbine # 72 , :',,:,/ /1 / ., , ) / ( / . , , / I I I I \ \ , , \ \ \ \ \ , , , \ , J , j /1 , I , , , 1.01'" .' 1,] .. , . ; XI :,"MtTRfS '. ' I I IX0,;.m r1<<./>>Y1 SUBJECT PROPERTY ... TURBINE LOCAT10N LANDS TO BE ZONED 'M.ho-H, GENERAL AGRICULTURE SPECIAL HOLDING' LANDS 10 REMAIN ZONED 'EP, ENV1RONMENTAl PROiECTION' THIS IS SCHEDULE 'A-82' TO THE ZONING BY-LAW NO, 2006-193 DAY Of COMPREHENSIVE PASSED THIS MAYOR CLERK '"'t, !-M-OU' ~_'_ll...~_l.t--~__"-'~ jlIto..,~:lllOI Prepared by IBI Group February 2007 1 ' -, // ',~ / 1'1 ~ ~/ t, SlY /: 1/ f " / / / I / I I / / / "---, / ~>l... "-, ' / -", "--- , "', ',,--- / '/'t '-'<~~'L j I OI\!C'~ / ,. j SIOI\! "'" ,. e ........ Municipalit C 77 01\1 .g I / o )II /1.":''':' I 1 I/'////~ r'%0YJ SCHEDULE 'A-83' Part Lot 12, Concession 9, of Kincardine eo ra hic Township of Bruce "/ I ',,-------- ~~ / / II 7< ~TUrbine#72 ~ / / I I / I , I / / / I , I I 1 i '. , \ , , I \ \ , \ \ !.ol /7J / , I \ \ \ \ \ ;' X I , / SUBJECT PROPERTY .. TURBINE LOCATION LANDS TO BE ZONED 'A~108-H, RURAL SPECIAL HOLDING' LANDS TO REMAIN ZONED 'H, HAZARD LAND' THIS IS SCHEDULE 'A-83' TO THE ZONING BY-lAW NO, 2006-193 DAY OF COMPREHENSIVE PASSED THIS MAYOR CLERK n.c, l-t,l-Dl.n ~,_'_l.(T___'<I.(~___V' UI\!t: s..l_ ZOOIo Prepared by 181 Group February 2007